Dealing With Discrimination As An Independent Contractor in San Diego

Posted on September 25, 2024 in Personal injury

Working as an independent contractor can give you the freedom that traditional employees may not have. However, you may be at an increased risk of being taken advantage of or being treated unfairly. If you have been dealing with discrimination as an independent contractor, you are not without legal options.

This is especially true if you have been misclassified and should be considered an employee. In either case, you may have employment rights that protect you from workplace discrimination and harassment. A San Diego workplace discrimination lawyer can help you understand these rights and use them in your claim. Here is more about your rights as an independent contractor, the types of discrimination independent contractors may face, and what to do if you are being discriminated against.

Independent Contractors Have Rights

Whether you were misclassified as an employee or are an independent contractor, you are protected by state and federal law against discrimination. The California Department of Fair Employment and Housing (DFEH) is responsible for enforcing laws that protect your civil rights, including the Fair Employment and Housing Act (FEHA). Under these statutes, independent contractors are specifically protected from discrimination based on certain protected statuses, such as:

• Age
• Ancestry
• Color
• Disability
• Gender
• National origin
• Religion
• Sex

Types of Discrimination Independent Contractors Face

Independent contractors can face discrimination in a variety of ways. Recognizing this discrimination can help you understand when it is time to take legal action against the company you work with. Some of the most common types of discrimination independent contractors deal with every day include:

• Harassment – This involves any type of behavior that creates a hostile work environment. A workplace harassment lawyer in San Diego is here to help you with this unfortunate situation.
• Unequal treatment – This involves being treated differently from other independent contractors due to certain types of protected characteristics, such as your age or race, resulting in a lower pay or being denied opportunities for advancement.
• Retaliation – This involves your employer taking adverse action against you, such as demotion, harassment, or even wrongful termination, when you support someone else’s complaint or report discrimination.

Steps to Take if You Are Being Discriminated Against

If you believe you are being discriminated against and are classified as an independent contractor, there are certain steps you can take to protect yourself and ensure your employer is held accountable. These steps include:

• Reviewing your existing employment contract to determine whether your situation is described.
• Reporting your concerns to your supervisor or upper management if your supervisor is the one discriminating against you.
• Filing a formal written complaint with your human resources department.
• Gathering evidence that can be used to prove discrimination, such as communications exchanges.
• Attempting to resolve the issue internally.
• Hiring a high-powered employment law attorney in San Diego for help.

Speak With a Dedicated Employment Law Attorney for Help Today

Just because you are an independent contractor does not mean those who hire you can mistreat you or violate state or federal employment laws, including those designed to protect against harassment and discrimination. Keep in mind that if you have been misclassified as an independent contractor and should be labeled an employee, your protections will increase under the law.

Learn more about which legal options may be available in your case when you contact a reputable workplace discrimination lawyer from Walker Law. Our firm proudly offers 100% free consultations to people who have experienced discrimination or harassment on the job. Fill out our quick contact form or call our office to take advantage of this opportunity as soon as today.